Florida Wills, Trusts and Probate Attorney James W. Martin Blog

An article in the Tampa Bay Times points out a potential problem when buying a condominium in Florida. The headline says it all: “Condo owners must cover fees for deadbeats.” The gist of the article is that when a Florida condo owner stops paying the mortgage, the condo association fees usually go unpaid, too. That…

The 2010 Florida Legislature is considering a law regulating how to remove data from computer media. It would apply to all state agencies and private corporations and entities doing business or located in Florida. If adopted, HB 279 would become effective 7/1/10 and would mandate use of the purge or physical destruction techniques set forth…

Florida courts generally obtain jurisdiction over a defendant when a summons and complaint is properly served on the defendant. When the defendant resides outside Florida, the process server is usually unfamiliar with Florida’s process service requirements. This often results in invalid service of process, which means the court lacks jurisdiction. In such cases, the defendant’s…

A recent Florida case illustrates why I don’t like arbitration clauses. If the arbitrator makes a decision that misapplies the law, the losing party is stuck with the bad decision. Call me old fashioned, but I want to be able to appeal the case when the decision-maker misapplies the law. Iwant the chance for an…

It looks like electronic filing of pleadings in state courts will become a reality for Florida lawyers in 2009. The Florida Legislature has mandated the Florida clerks of court to “implement an electronic filing process” in order to “reduce judicial costs in the office of the clerk and the judiciary, increase timeliness in the processing…

It’s happened more than once. A Florida resident dies. A family member finds the will, sees his or her name as personal representative (executor), and starts giving away furniture, cleaning out the house, etc. Unfortunately, doing these things might create personal liability. That’s because the person named in a Florida will as personal representative generally…

It is a common misconception that when a Florida resident dies the attorney who drafted the will must be hired to probate the estate. This goes along with the misconception that the attorney represents “the estate”. The reality in Florida is that the attorney represents the personal representative and not the estate and not the…

“Each member of the bar who practices law in Florida shall designate another member of The Florida Bar who has agreed to serve as inventory attorney under this rule.” Rule 1-3.8, Rules Regulating the Florida Bar, effective 1/1/06. What do you do with the client files of a deceased lawyer? If the lawyer has partners,…

My law office has been scanning documents for years, but only recently has available technology provided the ability to scan thousands of pages of valuable documents as images on a portable storage device. While the Apple iPod has drawn consumer attention to technology’s advanced ability to store thousands of songs on a device no larger…

For business owners who think they can form a limited liability company and avoid personal liability, a Florida appellate court has a message: THINK AGAIN! Just as an individual corporate officer may be held personally liable for negligence, so may a member of a limited liability company (LLC) be held personally liable for negligence. In…